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PBS dependant --> Settlement

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aramy1011
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PBS dependant --> Settlement

Post by aramy1011 » Thu Feb 09, 2017 12:29 pm

My wife’s entry clearance was on 3rd of Jan 2011 as dependant of student(me).
And her second one was dependant visa as Tier1 graduate Entrepreneur on 15th of Jan 2013. Third one was same for one year extention.
4th one was dependant of Tier 1 Entrepreneur which is valid until 7th of Mar 2018.

Recently I got my settlement through Long residence category(10years)

I have no idea what to do with this situation.

What is the best way for her to apply the settlement??

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CR001
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Re: PBS dependant --> Settlement

Post by CR001 » Thu Feb 09, 2017 12:34 pm

She must apply to switch to spouse of settled person visa on form FLR(M). This will reset her clock and she will be on a new 5 year (2 X 2.5 year visas) route to ILR.

She does not qualify for ILR as PBS Dependent due to you obtaining ILR under the long residency route.
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aramy1011
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Re: PBS dependant --> Settlement

Post by aramy1011 » Fri Feb 10, 2017 8:43 am

ok. If that is the only option.

but why is not possible to apply 10 year ILR??

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Re: PBS dependant --> Settlement

Post by CR001 » Fri Feb 10, 2017 8:46 am

She can once she has 10 years legal residence. I did not say it was not possible :shock: She still has to switch to FLR(M).
Char (CR001 not Casa)
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aramy1011
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Re: PBS dependant --> Settlement

Post by aramy1011 » Fri Feb 10, 2017 6:54 pm

ok! got it! thank you very much.

so, there isn't any possible way to go for her settlement herself as PBS tier1 dependant. right?

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CR001
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Re: PBS dependant --> Settlement

Post by CR001 » Fri Feb 10, 2017 7:45 pm

aramy1011 wrote:so, there isn't any possible way to go for her settlement herself as PBS tier1 dependant. right?
No because the rules changed in April 2014 and the transitional provisions that were in place for PBS dependents was removed. The only option now is to switch to FLR(M) and then apply for ILR either waiting another 5 years or 10 years if the dependent meets that requirement first.
Char (CR001 not Casa)
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